Author Archives: Jay Butchko
A Guide to How Personal Representatives Are Paid in a California Probate
Navigating probate can be complex, especially when it comes to the financial aspects. A common question we get as probate attorneys is, “How are personal representatives paid during probate?” In California, the fees paid to personal representatives are governed by specific statutes and regulations. This article discusses how personal representatives are compensated during the… Read More »
Family Allowance in California Probate
It is common for a family member to be the primary or sole breadwinner in a household. However, if this person passes away, the surviving family members may struggle to cater to their daily needs. Fortunately, California probate law provides a solution to this issue. A family allowance is one of the rights granted… Read More »
Can a Court-Appointed Personal Representative Be Removed From Office?
After someone passes away in California, the probate court appoints a personal representative and puts them in charge of administering the decedent’s estate assets. A personal representative can be the executor named in the decedent’s Will. In the absence of a Will, if a Will does not name the executor, or if the named… Read More »
What Rights Do Creditors Have Against a Decedent’s Estate During the Probate Process?
When someone passes away, their estate goes through the probate process. The probate process entails settling outstanding debts and taxes and distributing the remaining estate assets to beneficiaries or heirs. If someone owes debts at the time of their death, their debts do not disappear. When someone dies and leaves behind debts, those debts… Read More »
Who Do Probate Attorneys Represent?
After someone passes away, a legal process for administering and distributing the decedent’s estate, known as probate, commences. The probate process involves several key steps, including appointing a personal representative (an executor or administrator), identifying and inventorying assets, notification of creditors, payment of debts, and distribution of assets to beneficiaries or heirs. Probate attorneys… Read More »
How Can You Protect Your Inherited House?
Inheriting a house after the loss of a loved one can evoke a mix of reactions. The fact that the house came from a loved one who passed away can result in feelings of loss and nostalgia. An inherited house has a sentimental value that may make it feel like a tangible connection to… Read More »
Is Probate a Complex Process in California?
Probate is a legal process that occurs after someone passes away. This process generally entails managing the decedent’s assets, settling debts, and distributing the remaining assets. Often, people consider probate to be a complex process. Indeed, probate can be a complex process. However, certain factors make some probate cases more difficult than others. Therefore,… Read More »
How Can You Emotionally Prepare for Probate?
After someone passes away, their estate might have to undergo probate. This process is necessary for the administration of a deceased person’s estate. The probate process entails validating a decedent’s Will, if one is available, gathering and managing estate assets, inventorying the assets, paying debts and taxes, and distributing the remaining assets to beneficiaries…. Read More »
Common Reasons for Beneficiary Disputes
Creating a Will involves several key steps that are all aimed at ensuring the testator’s (the testator is the person creating the Will) wishes regarding the distribution of their assets are properly documented. Deciding who will inherit what is one of the most vital decisions a testator has to make when creating a Will…. Read More »
Common Causes of Inheritance Disputes
The time that follows after the loss of a loved one is usually one filled with a lot of sadness and mourning. Unfortunately, following the death of a loved one, disputes are not uncommon. Different kinds of disputes can arise after the loss of a loved one from a variety of factors. One of… Read More »
